Product Liability Law
Some of the largest cases in law history come from product liability cases due to the scale of damage that some products have caused. In one famous example, General Motors was sued for $20 billion in a class action lawsuit. Over 25 million individuals were affected. The lawsuit stated that many of the cars contained a dangerous chemical in the coolant. When the case was won, each person ended up receiving $400-$800 in damages.
Dangerous and/or defective products cause thousands of injuries every year. The law surrounding these types of injuries is called ‘product liability law’, which holds a manufacturer or seller responsible in the event that a defective product causes bodily harm to an individual. If a product has an unexpected defect, it cannot be said to meet the ordinary expectations of the consumer. When this is the case, a product liability lawsuit is the only logical option.
Product Defect Law in New Orleans
Since there is no federal product liability law, the water can become murky quick. These laws are usually based on state laws and the theories of strict liability, negligence, and breach of warranty. Generally speaking, any person who is injured by a defective or dangerous product can recoup damages, as long as the product was originally sold to someone. Proving liability and damages can be tricky, especially if the damage is severe and costly. Naturally, the company will try and fight the case. The responsibility for a defect in the product bought can rest on any party that was involved in the product’s chain of distribution. A few of these parties can include:
- The Wholesaler
- The distributor
- The product manufacturer
- The retail store that sold the product
- A third party that assembles/installs the product
If you bought a defective product at a yard sale, chances are, you may be out of luck. If the sale was conducted as a regular part of business, then you may be entitled to damages.
Different Types of Defects
There are three main types of defects under most theories of liability. To prove that a product was improperly dangerous due to a defect, it must be logically proven using these types of defects:
- A defect in design: a defect in the design of the product itself has made it impractical for safe usage.
- A defect in manufacturing: During the assembly or manufacture of a product, negligence or defective manufacturing equipment rendered the product unsafe. For example, if manufacturing equipment fashioned an unintentional sharp edge – and subsequently, a cutting hazard – on the corner of a toy meant for children, this can be grounds for a case.
- A defect in the marketing of a product: improper labeling, a lack of a safety warning, and a lack of sufficient instructions may be enough for a product liability lawsuit. Take the famous example of the McDonald’s hot coffee burn case: labels must include sufficient warning of danger, even if it is common sense for some individuals.
Connecting the party who is responsible for the defect almost always proves to be the most difficult part of the case. Having a legal team that is well-versed in product liability law is a necessary component of a successful legal case.
Best Lawyer in New Orleans
If you’ve been injured as a result of product liability, contact The King Firm today. Product liability law is very complex, so having a team with over 35 years of experience in the matter will prove to be an advantage. The King Firm is a full-service family firm located in New Orleans, Louisiana.
When you work with The King Firm, you can expect us to do everything in our power to resolve the case in your favor. If you are looking for a team of qualified attorneys in Louisiana, contact us today.